Posted on April 20, 2012
South Africa deserves to have the best possible machinery in its fight against corruption, says Advocate Paul Hoffman, director of the Institute for Accountability in Southern Africa (IFAISA) and senior counsel for Hugh Glenister.
Addressing a GIBS Forum at the Gordon Institute of Business Science in Johannesburg this past week, Advocate Hoffman said: “Corruption is a huge problem in South Africa. We are in danger of the state being seized by a small minority whose main aim is guided by self-interest.”
Corruption has, in effect, gone unchecked since the demise of the anti-crime and corruption unit, the Scorpions, in 2008.
However, the finding of the Constitutional Court in the Glenister case earlier this year has provided new hope in turning the tide on corruption.
The Court found that the anti-corruption replacement body, the Hawks, are insufficiently independent in terms of the South African Constitution and Parliament has been ordered to come up with remedial legislation by September 2012.
Since this finding, IFAISA has suggested a new Chapter Nine institution entrenched in the Constitution for best practice solutions to corruption in high places. Hoffman’s proposed name for this body is the Eagles – “Eagles fly higher, see further and go after bigger prey than Hawks.”
In order to be an effective anti-corruption unit, it will need to be granted independence and specialisation, provided with proper training and given security of tenure and guaranteed resourcing.
“It is an idealistic solution, but I would like to see a little idealism in addressing this problem. At present we are at the opposite end of the scale with a minimalist solution proposed by government,” he said.
Government’s current proposed remedial legislation, the South African Police Service Amendment Bill 2012, is redolent of a desire to continue with business as usual rather than to take effective measures to turn the tide of corruption that is engulfing the country.
“There is tendency in government circles to apply the minimalist approach in an attempt to satisfy the courts. They are not aiming for best practice, but rather tweaking the Hawks ever so slightly – so that they remain within the police force, answer to politicians and don’t have security of tenure and resources,” Hoffman said.
While Hoffman said there is a groundswell of anti-corruption sentiment in the country at present, without effective legislation enforced by an independent judiciary, the fight against corruption is doomed.
“Corruption is a crime that is best countered by dealing with the culture of impunity that has crept into the highest levels of South African society. Poverty, inequality and unemployment are South Africa’s three biggest problems, all of which have worsened since 1994, which shows that the people in power have not been looking after the people of this country.
“We need to ensure that corrupt individuals know they will get caught and be punished. Corruption is corrosive and if it is left unchecked we risk becoming a failed state.”
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